Thumb impression of executant was not matched. There was contradiction in evidence of attesting witnesses as regards place of execution. Fact finding courts did not find evidence of meeting of requirements of S. 63, to be reliable. Evidence of meeting of the requirements of S. 63 r/w S. 68 of the Evidence Act, held, must […]
Succession Act, 1925 — S. 63 — Determination of Genuineness of will Read More »
As per S. 5(m), penetrative sexual assault being committed on victim girl aged four years (below twelve years), held, the same is also “aggravated penetrative sexual assault” punishable under S. 6. Concurrent findings recorded by both the courts below that the accused tried to commit rape on victim girl found to be fully supported by
Held, similar doesn’t mean identical in terms of area, facilities and luxuries. In the present case wife in first place not choosing any house as per her choice and secondly rejecting all properties identified by architect appointed under court order to identify similar properties, held is unreasonable. Alternate prayer for payment of Rs. 35.37 lakhs
“Dowry” ought to be ascribed an expansive meaning so as to encompass any demand made on a woman, whether in respect of a property or a valuable security of any nature. Demand for money raised by the accused on the deceased for construction of a house, held, falls within the definition of the word ”Dowry”
Penal Code, 1860 — S. 304-B — Scope of Dowry death Read More »
Earlier phases of project had already resulted in loss of vegetation as well as flora and fauna in certain areas. Phase IV of MRTS Project may be a further threat to the ecology of NCT of Delhi/NCR. Effectuation of precautionary principle as well as principle of sustainable development, by ensuring citizens’ participation in the preservation
First appellate court is mandatorily required to comply with requirements of Or. 41 R. 31 and non-observance of these requirements lead to infirmity in judgment. Appellate court’s jurisdiction involves a rehearing of appeal on questions of law as well as fact. First appeal is a valuable right, and, at that stage, all questions of fact
In this case of alleged misappropriation of monies of complainant and others, main allegations are against other co-accused, the only allegation against the appellant is that they have purchased the property. Even from averments s and allegations in the FIR, it cannot be said that there is a prima facie case made out against appellants.
Law summarized regarding when proportionality test to be applied for determining reasonableness of restrictions or limitations on the rights concerned, specifically in the context of Art. 19(6) and more generally under Arts. 14 and 21. “Therefore, we find that the judgment dated 8.10.2020 of the Madhya Pradesh High Court was correct in holding that clause
Constitution of India — Arts. 19, 14 and 21- Proportionality test: Read More »
Directions issued for judicial inquiry into breach and lapses as the convoy of PM was stuck on a flyover for around 20 minutes. Records relating to PM’s visit seized and secured. Directions also issued for constitution of Enquiry Committee, terms of reference and stay of ongoing proceedings by Central and State Governments and submit a comprehensive
Suspension of sentence by Supreme Court on ground of plea of juvenility taken before Supreme Court for the first time. Consequent to directions of the Supreme Court, on the basis of evidence adduced and relying upon the transfer certificate and school records, held, appellant is directed to be released from jail on suspension of sentence
Criminal Procedure Code, 1973 — S. 389 Read More »
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